MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:           19 August 1999
	DOCKET NUMBER:   AR1999020404

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Ms. Celia L. Adolphi		Member	
	Mr. Melvin H. Meyer		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
            records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his conviction by a general court-martial be expunged from his records.

APPLICANT STATES:  In effect, that he believes that the records should be corrected because he was not afforded a speedy trial.

EVIDENCE OF RECORD:  The applicant's military records show:

After he completed 2 years, 11 months and 21 days of total active service in the Marine Corps, he enlisted in the Army for 3 years in the pay grade of E-4 on 11 March 1977.  On 11 January 1980, he reenlisted in the Army for a period of 4 years.

On 9 May 1980, the applicant was convicted by a general court-martial of committing an assault on 14 January 1980.  He sentence consisted of confinement at hard labor and a forfeiture of pay.  The applicant submitted a request for relief through the Office of the Judge Advocate General and his appeal was denied on 22 January 1981.

He continued to serve on active duty until he was discharged at the expiration of his term of service on 9 May 1984.  He had completed approximately 9 years, 9 months and 14 days of total active service and he was issued a Honorable Discharge Certificate.

The statutory authority under which this Board was created (Title 10, United States Code, section 1552, as amended) precludes any action by this Board which would disturb the finality of a court-martial conviction.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The actions by the Army in this case were proper, and there is no doubt to be resolved in favor of the applicant.

2.  The applicant’s contention has been noted by the Board.  However, it is not supported by the evidence of record.  He was properly tried and convicted by a general court-martial on 9 May 1980, for an assault that he committed on 14 January 1980.  Furthermore, in accordance with Title 10, United States 
Code, section 1552, this Board has no authority to disturbed the finality of a court-martial conviction.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__cmf___  __cla____  ___mm__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999020404	
SUFFIX		
RECON		
DATE BOARDED	1999/08/19	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  328	134.0000	
2.		
3.		
4.		
5.		
6.